Surviving Your First Labor Arbitration: Tips for the New Advocate - Dispute Resolution Journal - Vol. 70, No. 1

Author(s):

Catherine Harris

Paul D. Roose

Page Count:

10 pages

Published:

March, 2015

PDF560.84 KB

$40.00

Description:

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I. INTRODUCTION

This article, written by two experienced neutrals, is specifically

designed to provide some guidance to new advocates who are just

beginning to represent employers or unions at the arbitration hearing.

The goal of the authors is to orient new advocates to some of the

common practices of labor arbitrators in conducting hearings, to

prepare new advocates for typical issues that arise at the hearing, and

to help new advocates understand the role of the arbitrator in finding

the facts and interpreting contract provisions. We begin with the

threshold issue facing a new advocate who comes to a hearing with no

prior experience as a presenter at arbitration.

II. IT IS NOT NECESSARY TO TELL THE ARBITRATOR

THAT THIS IS YOUR FIRST HEARING

Every arbitrator has encountered the new advocate who, before

briefcases are unpacked and everyone is seated in their chairs, feels

compelled to announce to the arbitrator and anyone within earshot

that this is his or her first arbitration hearing. Before calling attention

to this lack of experience, consider that arbitrators are independent

thinkers who take pride in their professional judgment and decisionmaking.

While arbitrators may be influenced by the well-reasoned

arguments of a seasoned advocate, they must still reach conclusions

based on their own interpretation of the record and the disputed

contract provisions. If the new advocate succeeds in establishing a

complete record that tells the story of the grievance, it is unlikely that

lack of experience will have any substantial impact on the outcome of
the proceeding.